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Judgment No. 1332

Decision

1. THE COMPLAINT IS DISMISSED INSOFAR AS IT SEEKS THE QUASHING OF THE DECISION OF 29 SEPTEMBER 1992.
2. CERN SHALL, IN EXECUTION OF JUDGMENT 1185, PAY THE COMPLAINANT HIS REMUNERATION FROM 1 FEBRUARY TO 30 SEPTEMBER 1992 AND COMPENSATION CORRESPONDING TO SIX MONTHS' NOTICE, LESS ANY AMOUNTS PAID TO HIM OF THE KIND STATED IN CONSIDERATION 17, PLUS INTEREST AT THE RATE OF 10 PER CENT A YEAR FROM THE DATES AT WHICH THE SUMS FELL DUE UP TO THE DATE OF PAYMENT.
3. THE ORGANIZATION SHALL PAY HIM 2,000 SWISS FRANCS TOWARDS COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 10

Extract:

"The Director-General's decision, being discretionary, is subject to limited review by the Tribunal and may be set aside for example if he obviously misconstrued the facts. But he did not."

Keywords

complaint allowed; complaint allowed in part; judicial review; discretion; executive head; limits; mistake of fact

Consideration 16

Extract:

The effect of quashing a decision is "to restore the status quo ante".

Keywords

complaint allowed; complaint allowed in part; decision; decision quashed; date; effect



 
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